Mediation

The Court is likely to refer your matter for mediation. The mediator is a specially trained Registrar from the Court. The mediator will tell you what you should provide to them in preparation for the mediation.

Unless the Court or a Registrar otherwise orders, you and your lawyer (if you have one) must attend the mediation. At mediation, you must make a genuine effort to identify the issues in dispute and to reach agreement on the issues in dispute.

Consent between the parties

At any time before the judge delivers a decision, you may notify the Court that you have resolved your dispute and reached agreement. You will need to send the Court a draft of what you have agreed, signed by each party and stating that it is a ‘consent order’.

Discontinuance

You can choose to discontinue the application at any time before the first court date or, if the proceeding is continuing on pleadings, any time before the pleadings have closed, by filing a Notice of discontinuance with the Court.

You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance if the first court date has occurred or pleadings have closed (see Rule 23.02 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025).

How do I respond?

The application served on you will include details of the first court date. You may choose to file a response before the first court date. If you file a response, you must complete the Response – Human rights and file and serve it within 28 days after receiving the application.

You do not need to specify any orders sought if:

• you are not seeking further or alternative orders, or
• you are only seeking dismissal of the application with costs or opposing interlocutory orders.

You will need to specify the orders sought if you claim further or alternative orders, including by way of a cross-claim. If further or alternative orders are sought, you may have to pay a fee.

If you oppose the orders, or are seeking further orders, you must explain briefly the basis on which the orders are sought. If you complete the response form satisfactorily, you do not need to file a supporting affidavit. However, if you do not fully complete the form, you may need to file an Affidavit - General federal law and migration setting out the evidence supporting your response. If you need to file an affidavit, see the fact sheet Preparing an affidavit.

If a statement of claim or points of claim have been filed, you will need to file a defence or points of defence instead of an affidavit.

If you do not file a response, you must file and serve a Notice of address for service before the hearing.

Filing with the Court

Wherever possible, you must file court documents commencing or relevant to an existing matter online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence.

See the Federal Court website for information on how to use eLodgment.  

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents. 

First court date

You (or your lawyer) must attend court on the first court date. If you don’t attend, the Court could make orders against you.

The hearing on the first court date is a case management hearing. This is an administrative hearing to set the timetable for the case and see whether the matter might resolve. The orders made on the first court date will include a timetable for filing documents relevant to the proceeding, such as your response, and may include an order for mediation.

Seeking legal advice 

You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. The law can be complex and it is important to obtain independent legal advice in relation to your situation.  

A community legal centre or legal aid may be able to assist you with advice. 

Unless the Court orders otherwise, to commence an application you must file your application within 60 days from the date on the notice of termination from the President of the Commission, or seek an extension of time for filing the application.

You will need to file:

• a completed Originating Application – Human Rights, and
• a copy of the complaint that you made to the Commission, and
• a copy of the notice of termination from the President of the Commission.

If you are out of time and want to apply for an extension of time within which to apply, you must file an affidavit explaining the delay and showing why the Court should grant an extension.

If you complete the application form satisfactorily, you do not need to file a supporting affidavit or pleading. However, if you do not fully complete the application form, you may also need to file either a pleading by way of a statement of claim or points of claim, or an Affidavit setting out the evidence supporting your application.

If you file a pleading, it should comply with Part 13 of the Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2025 (General Federal Law Rules) and it should identify, in summary form, the material facts on which you rely, but not the evidence by which those facts are to be proved. 

If you need to file an affidavit, see the fact sheet Preparing an affidavit.

What do I have to pay to start a proceeding?

You will need to pay a filing fee to the Court when you file the application.  

In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply to the Court for the exemption, using the Application form for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship. Use the Application form for Exemption from Paying Court Fees – Financial Hardship.

For the current fees and more information about applying for a fee exemption see Fees.

The filing fee is separate from legal fees you may need to pay your lawyer if you decide to use one for your matter.
 

Filing with the Court

Wherever possible, you must file court documents online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence. See the Federal Court website for information on how to use eLodgment.

If it is not possible to file using eLodgment, you may be able to file your documents in-person, by mail, or in certain circumstances, by fax or email. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

After your application has been filed, you must 'serve' a copy of each document on each other party.

That means you must make sure that the respondent receives the filed documents. At the hearing, the judicial officer will often ask for evidence that you have served the documents. Unless the Court orders otherwise, you must serve the application (and other documents filed with it) as soon as practicable and at least five days before the first court date.

You can serve the documents by delivering them in person. If the respondent is an organisation, corporation or partnership you may be able to send the documents by registered or express post to their registered office (see Division 10.1 of the General Federal Law Rules).

If you are serving documents on an individual, you (or someone who serves the documents on your behalf) should serve the documents in person.

If you cannot serve the documents in person or the documents sent by post cannot be delivered, you can apply to the Court for an order that you may serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Interlocutory Application with an accompanying Affidavit - general federal law and migration explaining why you want substituted service. The Court will then consider whether to make an order for substituted service. If an order is made, you will need to serve the documents as set out in the order.

The application and other documents must be served on each party and the person against whom orders are sought if that person is not a party.

Documents to be relied upon at hearing must be served no later than five days before the hearing date.

At least five days before the first court date, you must also give the Australian Human Rights Commission:

• a sealed copy of the origintating application, and
• a copy of any other documents filed.

After the documents have been served, you will need to complete an Affidavit of service, which you should file with the Court (using eLodgment). The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at the court hearing.

First court date

The first court date is a case management hearing to set a timetable for the case and see whether the matter might resolve.

The orders made on the first court date are likely to include an order for mediation.

The orders might also include a timetable for the respondent to file a Response – Human rights or any other documents relevant to the proceeding.

If you and the respondent can agree on a timetable, you might be able to avoid attendance at the hearing. If you have agreed, you or the respondent will have to prepare proposed consent orders. You will need to send the Court registry a draft of what you have agreed, signed by each party and stating that it is a ‘consent order’.

Costs

The Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2025 on costs apply in human rights law matters. For information on costs, parties and their lawyers should refer to Part 9 of the Central Practice Direction-General Federal Law proceedings.

The Federal Circuit and Family Court of Australia (Division 2) (the Court) has jurisdiction over civil matters arising under Part IIB or IIC of the Australian Human Rights Commission Act 1986 (AHRC Act). Those parts deal with complaints alleging unlawful discrimination under:

• the Racial Discrimination Act 1975
• the Sex Discrimination Act 1984
• the Disability Discrimination Act 1992, or
• the Age Discrimination Act 2004.

The Court has jurisdiction (under section 46PO of the AHRC Act) if:

• an affected person makes an application in relation to a complaint of unlawful discrimination which has been terminated by the President of the Australian Human Rights Commission (the Commission), and
• the President has given notice of the termination.

The Court may provide substantive relief and interim relief.

The Court can make:

• an order declaring that the respondent has committed unlawful discrimination and directing the respondent not to repeat or continue such unlawful discrimination
• an order requiring a respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by an applicant
• an order requiring a respondent to employ or re-employ an applicant
• an order requiring a respondent to pay to an applicant damages by way of compensation for any loss or damage suffered because of the conduct of the respondent
• an order requiring a respondent to vary the termination of a contract or agreement to redress any loss or damage suffered by an applicant, and
• an order declaring that it would be inappropriate for any further action to be taken in the matter.

There is no monetary jurisdictional limit on the Court in proceedings under the AHRC Act.

To commence an application, use the Originating Application – Human Rights.

You must:

• file your application within 60 days from the date on the notice of termination from the President, or
• seek an extension of time for filing the application.

You do not need to file an affidavit in support of the application unless you are seeking an extension of time. 

The Response – Human rights should be filed within 28 days after the application is received.

Seeking legal advice

You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. The law can be complex and it is important to obtain independent legal advice in relation to your situation.  

A community legal centre or legal aid may be able to assist you with advice.